WAILUKU - A Kahului man who said he was drunk when he sexually molested a 9-year-old girl last year was sentenced Wednesday to a 10-year prison term.
As part of a plea agreement, the defense and the prosecution had recommended probation for Nicolas Magana, 61.
But 2nd Circuit Judge Richard Bissen said Magana wasn't a candidate for probation, imposing the prison sentence instead.
Magana had pleaded no contest to a reduced charge of second-degree sexual assault of the girl on July 1, 2012.
Magana knew the girl's parents weren't home when he lured her into a bedroom of the family home by saying he would give her candy or food, then sexually assaulted her, said Deputy Prosecutor Kristin Coccaro.
Magana had been renting a room from the girl's family, she said.
"The family had a very open policy to people from their own country," Coccaro said. "They definitely lost some trust."
Coccaro said a family emergency in Mexico kept the victim and other family members from being in court Wednesday.
"It's been very traumatizing for the family," she said. "They feel strongly about him being punished."
Deputy Public Defender Wendy Hudson said Magana had a "lapse in judgment."
"The facts here are egregious," she said. "The fact of the matter is he was extremely intoxicated. I'm not sure this would have happened if he had not been drunk. That doesn't excuse his conduct at all."
Magana, who is a resident alien, would likely end up back in his home country once he is released from custody, she said.
"I'm asking forgiveness from everyone," Magana said, speaking through a Spanish interpreter in court Wednesday. "As I said, I was drunk. . . . I had been drinking quite a bit.
"In my own thinking, I don't know how I could have done that."
When Magana was questioned by police about the sexual assault, he said he couldn't recall it happening, Bissen said. But the girl's injuries were consistent with what she told police.
In a statement to police, Magana said "if she said I did this, then I did," the judge noted.
Magana was ordered to pay $400 in restitution.
* Lila Fujimoto can be reached at firstname.lastname@example.org.